Court issues Mandamus to Protect Rights of Weaver Families, Directs Execution of Transfer Deed
In a significant ruling aimed at safeguarding the rights of weaver families, the Allahabad High Court has directed the restoration of possession of a government-allotted quarter to Kamrunnisha, the widow of the original allottee, late Mati Ullah. The judgment underscores the importance of preserving hereditary arts and ensuring fair treatment to the families reliant on traditional crafts for their livelihood.
Presiding over the case, Justices Ajit Kumar and Indrajeet Shukla issued a writ of mandamus, compelling the authorities to restore possession of the locked portion of Quarter No.3 in Bunkar Colony, Varanasi, to Kamrunnisha. The court also instructed the execution of a transfer deed in her favor, reinforcing her rightful claim over the property.
The case originated from a dispute over the possession of the quarter, initially allotted to Mati Ullah under a state-sponsored housing scheme for silk weavers. Following his demise, unauthorized occupants had seized part of the quarter. Despite several legal battles and orders favoring Kamrunnisha, the authorities had withheld possession, citing the absence of an allotment letter.
The court found the respondents' actions contrary to their own records, which had consistently acknowledged the allotment in favor of Mati Ullah. The judges emphasized that the death of the original allottee should not displace the family, highlighting that weaving is a hereditary art crucial for the livelihood of entire families.
In their ruling, the judges criticized the state's failure to produce the allotment list, drawing an adverse inference against their claims. They reiterated that once the unauthorized occupants were evicted, there was no legal basis for withholding possession from Kamrunnisha.
The judgment not only resolves the immediate dispute but also sets a precedent for the protection of traditional art forms and the rights of families dependent on them. The court's decision aligns with its earlier stance in related cases, reinforcing the legal obligations of the state to honor rightful claims to possession.
Bottom Line:
Mandamus issued for restoration of possession of locked part of Quarter No.3, Bunkar Colony, Nati Imli, District Varanasi, to the petitioner, widow of the original allottee, and for execution of transfer deed in her favor. Court emphasized the importance of protecting the rights of weaver families and ensuring fair treatment.
Statutory provision(s): Article 226 of the Constitution of India
Kamrunnisha v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2884159
